The purpose of making the identified changes to the rule is to clarify, streamline and increase user friendlyness. Some ofthe changes are to address issues raised by the Joint Administrative Procedures Comittee, such as incorporating forms, and ...

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-44.021Definitions

40A-44.041Permits Required

40A-44.052Authorization for Certain Forestry Projects

40A-44.091Processing of Permits

40A-44.101Content of Application

40A-44.142Headgates, Valves, and Measuring Devices

40A-44.321Duration of Permit

40A-44.351Transfer of Permits

40A-44.411Completion Report

40A-44.451Emergency Authorization

40A-44.901Forms

PURPOSE AND EFFECT: The purpose of making the identified changes to the rule is to clarify, streamline and increase user friendlyness. Some of the changes are to address issues raised by the Joint Administrative Procedures Committee, such as incorporating forms, and eliminating the use of "may". The effect of these changes will be to have the rule in the proper format without increasing the regulatory cost or burden on the public or the agency

SUMMARY: The changes can be summarized as: changing may to shall, correcting the permit transfer process, and incorporating the various forms. Also some of the changes simply correct rule citations that have changed since the last rule amendments.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

A SERC is not required since the changes do not increase regulatory costs to small businesses, the public or the agency. By the same reasoning, legislative ratification is not required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.4136, 373.418, 373.436, 380.06(9) 380.06(9)(b), 403.0877 FS.

LAW IMPLEMENTED: 373.117, 373.116, 373.118, 373.406, 373.413, 373.4141, 373.416, 373.417, 373.418, 393.419, 373.423, 373.426, 373.429, 374.436, 373.439, 380.06, 403.0877(4), 403.927(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lance Laird, 180 East Redstone Ave., Crestview, Florida 32539

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40A-44.021 Definitions.

(1) “Best management practices for agriculture” means those conservation, management and operational practices identified for agriculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Title 5M of the Florida Administrative Code; “Best Management Practices for Agriculture” means conservation practices established by the U.S. Department of Agriculture’s Natural Resources Conservation Service for the purpose of reducing pollution from agricultural activities as applied to local conditions as set forth in “A Manual of Reference Management Practices for Agricultural Activities,” Florida Department of Environmental Regulation, November 1978.

(2) “Best management practices for forestry” means those conservation, management and operational practices identified for silviculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Chapter 5I-6 of the Florida Administrative Code. “Best Management Practices for Forestry” means conservation practices established for the purpose of reducing pollution from silvicultural activities as applied to local conditions as set forth in “Silviculture Best Management Practices Manual,” Florida Department of Agriculture and Consumer Services, Division of Forestry, Revised 1993.

(3) “Class I Waters” means those surface waters listed pursuant to Rule 62-302.4600, F.A.C.

(4) “Endangered Species” means those plants, fish and wildlife listed pursuant to Rules 5B-40.0055(2)(a) and 68A39-27.003, F.A.C., Section 581.185(2)(b)(5)(a), Florida Statutes, and 50 CFR 17.11, and 50 CFR 17.12.

(5) through (10) No change.

(11) “Species Of Special Concern” means those fish and wildlife listed pursuant to Rule 68A39-27.005, F.A.C.

(12) “Steephead Ravines” means those highly distinctive stream valleys as described in “A Ecological Characterization of the Florida Panhandle”, U.S. Fish and Wildlife Service Biological Report 88(12), U.S. Fish and Wildlife Service, 1988. Which is hereby incorporated by reference. A copy of which can be obtained from the District’s website www.nwfwmd.state.fl.us.

(13) “Threatened Species” means those plants, fish and wildlife listed pursuant to Rules 5B-40.0055(2)(b) and 68A39-27.004, F.A.C., 50 CFR 17.11, and 50 CFR 17.12.

(14) No change.

Rulemaking Specific Authority 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 3-30-94,________.

 

40A-44.041 Permits Required.

(1) No change.

(2) The District issues four types of agricultural and forestry surface water management permits: general surface water management permits, letters of conceptual approval, individual surface water construction permits, and individual operation and maintenance permits.

(a) General Surface Water Management Permits. This permit provides for the construction, maintenance, and operation of a facility. A general permit is applicable for projects:

1. No change.

2. Which could impound water by a dam which is less than ten feet in height from the natural bed of the water course at the downstream toe of the barrier, as determined by the District, or which has an impounding capacity of less than fifty (50) acre-feet, and

3. Has either singly or cumulatively, a minimal adverse impact on the water resources of the District.

(b) Letters of Conceptual Approval. A letter of conceptual approval may be issued for surface water management projects associated with agricultural or forestry projects that are to be developed in phases. A letter of conceptual approval does not authorize any construction and requires the submittal of applications for each development phase of the project.

(c) Individual Surface Water Construction Permits. A permit is applicable for all projects which are not exempt, which are not eligible for a general permit, or which are not otherwise authorized activities pursuant to this Chapter.

(d) Individual Operation and Maintenance Permits. A permit for operation and maintenance of any dam, impoundment, reservoir, appurtenant work or works is required for permitted projects under paragraph 40A-44.041(2)(c), F.A.C.

Rulemaking Specific Authority 373.044, 373.113, 33.418, 380.06(9)(b) FS. Law Implemented 373.118, 373.406, 373.413, 373.416, 373.418, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98,________.

 

40A-44.052 Authorization for Certain Forestry Projects.

(1) No change.

(2) Prior to the construction, replacement, or maintenance of a minor forestry work authorized under this section, notice shall be given to the District as follows:

(a) A completed Forestry Authorization Notification Form, No. A44-F, effective 7-1-92, which is hereby incorporated by reference, and copies of which can be obtained from the District office identified below, or by electronic submittal at the District’s website www.nwfwmd.state.fl.us, shall be submitted to the District no less than two (2) working days prior to the commencement of work. For notification forms mailed to the District, the postmark date shall be the date of submittal.

(b) No change.

(c) All forestry authorization notifications shall be made to the appropriate District office identified below:

1. Escambia, Holmes, Okaloosa, Santa Rosa, Walton and Washington Counties:

NWFWMD Pensacola Field Office

2261 W. Nine Mile Road

Pensacola, FL 32534-9416

[phone]

2. Bay, Calhoun, Gulf and Jackson Counties:

NWFWMD Marianna Field Office

4765 Pelt Street

Marianna, FL 32446-0900

[phone]

3. Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla Counties:

Northwest Florida Water Management District Headquarters

152 Water Management Drive

Havana, FL 32333-9700

[phone]

(d) No change.

(3) through (5) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 9-15-86, 8-1-89, 7-1-92,________.

 

40A-44.091 Processing of Permits.

(1) Letters of conceptual approval, individual surface water construction permits, and general surface water management permits for impoundments constructed in waters in the State shall be processed according to the provisions of Chapter 40A-1, F.A.C., and require approval by the Executive Director or his designee Governing Board.

(2) However, upon a determination that the District and its resources would be better served, the Executive Director may require any application for general permit to be referred to the Governing Board for approval.

(3) Permit application notices shall be processed in accordance with the provisions of Chapter 40A-1, F.A.C., and Sections 373.116 and 373.413(3), Florida Statutes.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406, 373.413, 373.4141, 373.416, 373.426, 380.06(9) FS. History–New 10-1-84, Amended 7-1-92, 7-1-98,_________.

 

40A-44.101 Content of Application.

(1) Applications for permits required by this Chapter shall include:

(a) Form No. A44-A, Surface Water Management Permit Application amended 7-1-98, which is hereby incorporated by reference. A copy of which can be obtained by contacting the District or online at the District’s website www.nwfwmd.state.fl.us;

(b) No change.

(c) Drawings, calculations, and engineering details sufficient to define the nature, scope, intent and functioning of the proposed project. This information shall include the following:

1. through 2. No change.

3. Flow characteristics;

(d) Information supporting the agricultural status of the property which shall include:

1. A Soil and Water Conservation District approved conservation plan, or a notice of intent to participate in the appropriate Best Management Practices program offered by the Florida Department of Agriculture and Consumer Services;

2. through 3. No change.

4. An Affidavit of Agricultural Status, Form A44-E, effective 7-1-92, which is hereby incorporated by reference, copies of which can be obtained by contacting the District or online at the District’s website www.nwfwmd.state.fl.us, may be substituted for the ASCS farm number and verification of agricultural classification. In areas of changing land uses, from agricultural to other uses, an affidavit is required;

(e) through (f) No change.

(g) An inventory of endangered or threatened species, and species of special concern known to occur on the site, as listed pursuant to Rules 5B-40.0055 and 68A39-27.003-005, F.A.C.; Section 581.185(2)(b) & (h)(5)(a), Florida Statutes; and 50 CFR 17.11-12; and

(h) Other site specific information as necessary to support the reasonable assurances determination pursuant to subsection 40A-44.301(2), F.A.C.

(2) No change.

(3) The District shall may require the applicant to submit other pertinent information deemed necessary for evaluating the application.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92,_________.

 

40A-44.142 Headgates, Valves, and Measuring Devices.

(1) through (3) No change.

(4) For the purpose of safety and maintenance, any new dams, impoundments, or appurtenant works meeting the requirements of Rule 40A-44.041, F.A.C., shall may be required to have installed and maintained a substantial and serviceable headgate or valve at the point where the water is diverted or discharged.

Rulemaking Specific Authority 373.044, 373.113, 373.418, 373.436 FS. Law Implemented 373.409, 373.436 FS. History–New 10-1-84, Amended_________.

 

40A-44.321 Duration of Permit.

(1) Unless revoked or otherwise modified, the duration of a permit pursuant to this chapter is:

(a) No change.;

(b) Five years Three years, for a construction permit;

(c) Perpetual, for an operation and maintenance permit, except when;

(d) Any operation and maintenance permit on an existing facility shall automatically expire when a new operation and maintenance permit or abandonment permit is issued for that same facility.

(2) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.418, 380.06(9) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426, 380.06(9) FS. History–New 10-1-84, Amended_________.

 

40A-44.341 Revocation of Permits.

(1) Certain vViolations of this Chapter shall may result in the revocation of the permit authorization in whole or in part. A permit may also be revoked under any of the following circumstances:

(a) through b. No change.

(2) through 3. No change.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.423, 373.429 403.927(3) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98,_________.

 

40A-44.351 Transfer of Permits.

(1) Upon timely notice that a permitted project or lands on which the facility is located has been sold or otherwise transferred to a new owner, the permit shall be transferred to a new owner. Until properly transferred the original permittee shall remain responsible for the proper operation and maintenance of the facility. A permittee must request from the District a permit transfer within 30 days after the sale or conveyance of a surface water management project or the land on which the project is located. The District will then transfer the operation and maintenance permit provided the use associated with the permitted facility remains the same. A surface water management permit to construct or alter a system will not be transferred if the permit is over three years old and the permitted project discharge structure or equivalent has not been constructed.

(2) If not properly transferred within 30 days of the sale of the facility or lands on which the facility is located, tThe permittee shall inform the transferee of the use limitations associated with the permitted facility. The transferee shall execute an affidavit acknowledging his awareness of the conditions and restrictions associated with the permit issued by the District.

(3) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416(2), 373.418, 373.426 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92,________.

40A-44.411 Completion Report.

Within 30 days after the completion of construction or alteration of any project for which a permit was granted under this chapter, the permittee shall file with the District a completion report prepared and certified in accordance with the certification requirements of subsection 40A-44.301(7), F.A.C.

(1) The “As-Built Certification and Completion Report” Form Nos. A44-B or A44-C amended 7-1-92, which are hereby incorporated by reference, shall identify the permit number and shall certify that the project was completed according to the specifications and standards identified in the application and all conditions stipulated by the District. Copies can be obtained by contacting the District, or online at the District’s website www.nwfwmd.state.fl.us. Any minor deviations not subject to the requirements of Rule 40A-44.331, F.A.C., for the permitted facility shall be identified in the report and shall be accompanied by supporting engineering documentation.

(2) The project shall not be determined fully complete and shall not be used to impound or convey water until the required “As-Built Certification and Completion Report”, Form Nos. A44-B and A44-C, is submitted to the District.

Rulemaking Specific Authority 373.044, 373.113, 373.418, 403.0877 FS. Law Implemented 373.117, 373.419, 373.423, 403.0877(4) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92,_________.

 

40A-44.451 Emergency Authorization.

(1) The Executive Director shall may grant emergency authorization in accordance with Sections 373.439 and 120.542, F.S. at his discretion. The emergency authorization shall be presented to the Board for concurrence at its next meeting. The failure to receive the Board’s concurrence shall invalidate the emergency authorization.

(2) For projects with pending applications, permission to begin construction of works prior to the issuance of a permit may be applied for to the Governing Board, in writing, when emergency conditions justify. A serious set of unforeseen or unforeseeable circumstances must exist to create an emergency.

Rulemaking Specific Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.439 FS. History–New 10-1-84, Amended_________.

 

40A-44.901 Forms.

(1) The following forms are used in the implementation of this Chapter and are hereby incorporated by reference:

(a) Agricultural Water Management System Permit Application, NWFWMD Form No. A44-A; Amended 7-1-92.

(b) As-Built Certification And Completion Report for projects designed and inspected by certified engineers, NWFWMD Form No. A44-B; Effective 7-1-92.

(c) As-Built Certification And Completion Report for projects designed and inspected by the USDA Soil Conservation Service, NWFWMD Form No. A44-C; Effective 7-1-92.

(d) Requests For Transfer Of Permit, NWFWMD Form No. A44-D; Effective 7-1-92.

(e) Affidavit Of Agricultural Status, NWFWMD Form No. A44-E; Effective 7-1-92.

(f) Forestry Authorization Notification Form, NWFWMD Form No. A44-F; Effective 7-1-92.

(1)(2) All District These forms are available at the following District offices:

(a) NWFWMD Headquarters, 152 Water Management Drive, Havana, FL 32333-9700, [phone];

(b) Marianna Field Office, 4765 Pelt Street, Marianna, FL 32446-0900, [phone];

(c) Crestview Field Office,180 East Redstone Avenue 800 Hospital Drive, Crestview, FL 329, [phone].

Rulemaking Specific Authority 373.044, 373.113, 373.118, 373.418, 373.4136 FS. Law Implemented 373.116, 373.413, 373.416, 373.426, 373.418 FS. History–New 10-1-84, Amended 7-1-92,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lance Laird, 180 East Redstone Ave., Crestview, Florida 32539

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George Roberts, Governing Board chairman

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2013